The Precautionary Principle In Practice

eBook Download

BOOK EXCERPT:

The precautionary principle puts forward the 'commonsense' notion that decision-makers should be cautious when assessing potential health or environmental harms in the absence of the full scientific facts. It is now a well-established tenet of environmental law. The debate has turned to its legal implementation, especially its application 'in practice'. The Precautionary Principle in Practice - Environmental decision-making and scientific uncertainty focuses on these issues. It considers how decision-makers can assess threats to health or the environment when the available scientific evidence is sparse and discusses the types of 'uncertainties' that bring the precautionary principle into play.Peel uses detailed case studies which examine the implementation of the precautionary principle in actual decision-making scenarios: fisheries management; risk assessment for genetically modified organisms; and environmental impact assessment for development applications. She demonstrates an approach that takes account of variable uncertainty issues and can be adapted to different circumstances to ensure a comprehensive assessment of the potential threats to health or the environment. Jackie Peel has a background in both science and law. She took a BSC/LLB with 1st class honours at the University of Queensland and holds an LLM from New York University where she studied in 1999-2000 as a Fulbright Scholar. She is now is a Senior Lecturer in the Faculty of Law, University of Melbourne.

Product Details :

Genre : Law
Author : Jacqueline Peel
Publisher : Federation Press
Release : 2005
File : 260 Pages
ISBN-13 : 1862875197


The Application Of The Precautionary Principle In Practice

eBook Download

BOOK EXCERPT:

This overview of the role played by the precautionary principle in international trade law, European law and national law compares how precautionary considerations have been applied in the fields of pesticide regulation and the regulation of base stations for mobile telephones in Sweden, the UK and the US. A number of problems in the current application of the precautionary principle are identified and discussed. For example, it is shown that a firm reliance on a wide and open-ended precautionary principle may lead to problems with the consistency, foreseeability, effectiveness and efficiency of measures intended to reduce environmental or health risks. It is suggested that the precautionary principle indeed may be an important tool, but that in order to be acceptable it must be coupled with strong requirements on the performance of risk assessments, cost/benefit analyses and risk trade-off analyses.

Product Details :

Genre : Law
Author : Joakim Zander
Publisher : Cambridge University Press
Release : 2010-08-19
File : Pages
ISBN-13 : 9781139491273


Implementing The Precautionary Principle

eBook Download

BOOK EXCERPT:

From fisheries to persistent organic pollutants to climate change itself, no other environmental principle in environmental law has produced as much controversy as the precautionary principle. Unlike a preventive approach in which action is taken provided that the threats to the environment are tangible, with a precautionary approach, authorities are prepared to tackle risks for which there is no definitive proof that the damage will materialize. The ramifications of this increasingly apparent approach are profound and cut across all areas of risk assessment and management, environmental law, policy and regulation in every major sector. However, to date little thought has been dedicated to the implementation of the precautionary principle in a wide array of environmental circumstances. This authoritative handbook addresses the legal aspects of how the precautionary principle is implemented in different sectors, and examines its successes, failures, strengths and weaknesses. Sectors and subjects covered include chemicals, GMOs, marine pollution, fisheries and nature conservation, and the book draws on cases in the EU, in the USA, and Nordic countries, where the use of precaution has been gathering momentum. Ultimately, the book provides an indispensable appraisal of the question - increasingly important in the era of human-induced climate change - of whether the precautionary principle is relevant, indeed essential, to avert major environmental and health risks, and how and when it can be used successfully. Published with MARIE CURIE ACTIONS

Product Details :

Genre : Political Science
Author : Nicolas de Sadeleer
Publisher : Routledge
Release : 2012-05-04
File : 434 Pages
ISBN-13 : 9781136563225


Implementing The Precautionary Principle

eBook Download

BOOK EXCERPT:

This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

Product Details :

Genre : Political Science
Author : Elizabeth Charlotte Fisher
Publisher : Edward Elgar Publishing
Release : 2006-01-01
File : 353 Pages
ISBN-13 : 9781847201676


Biodiversity And The Precautionary Principle

eBook Download

BOOK EXCERPT:

Great uncertainty typically surrounds decisions and management actions in the conservation of biodiversity and natural resource management, and yet there are risks of serious and irreversible harm for both biodiversity and the humans that rely on it. The precautionary principle arguably underlies all international conservation efforts and promotes acting to avoid serious or irreversible environmental harm, despite lack of scientific certainty as to the likelihood, magnitude or cause of harm. This book is the first to examine the application of the precautionary principle to biodiversity conservation and natural resource management, incorporating perspectives from scientists, economists, lawyers and practitioners from both developing and developed countries. It analyses the application and impacts of the principle in many areas including forestry, invasive alien species, wildlife trade, protected areas and fisheries, in a range of national and international contexts. Particular attention is drawn to issues of equity, livelihoods, science and politics, and the book provides guidelines for applying the precautionary principle to biodiversity conservation and natural resource management.

Product Details :

Genre : Nature
Author : Rosie Cooney
Publisher : Routledge
Release : 2012-05-16
File : 338 Pages
ISBN-13 : 9781136570995


The International Seabed Authority And The Precautionary Principle

eBook Download

BOOK EXCERPT:

In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.

Product Details :

Genre : Law
Author : Aline L. Jaeckel
Publisher : BRILL
Release : 2017-01-10
File : 382 Pages
ISBN-13 : 9789004332287


The Precautionary Principle In Marine Environmental Law

eBook Download

BOOK EXCERPT:

The book examines whether the jurisdiction of coastal States under international law can be extended to include powers of intervention towards vessels posing a significant risk to their coastal and marine environment, but which have not yet been involved in any incident or accident. The books sets out how it is that coastal State jurisdiction can indeed be seen as including powers of intervention towards High Risks Vessels before an incident or accident happens, on the basis of the precautionary principle. The precautionary principle requires taking action when a risk of damage to the environment is suspected, but cannot be confirmed scientifically.The book thus considers the potential opportunities for the coastal state under international law to regulate international shipping where they consider vessels to an unacceptable risk to the environment, in order to prevent or minimise the risk of occurrence of the accident or incident leading to damage. The book acknowledges that this puts into question some very old and established principles of the law of the sea, most importantly the principle of freedom of navigation. But Bénédicte Sage-Fuller contends that this change would itself be a consequence of the evolution, since the end of WWII, of on the one hand international law of the sea itself, and of international environmental law on the other hand.

Product Details :

Genre : Law
Author : Bénédicte Sage-Fuller
Publisher : Routledge
Release : 2013-07-18
File : 318 Pages
ISBN-13 : 9781135020026


The Precautionary Principle In Biodiversity Conservation And Natural Resource Management

eBook Download

BOOK EXCERPT:

The precautionary principle, or precautionary approach, is now widely accepted in environmental law and policy at international and, increasingly, national level. However, the principle remains highly controversial, its meaning contested, its acceptance and implementation inconsistent across sectors and contexts and its impacts unclear. This paper aims to inform and assist IUCN and its members in developing greater shared understanding of the meaning and implementation of the principle in the context of biodiversity conservation and natural resource management, respecting priorities of both conservation and sustainable development. It examines the meaning of the precautionary principle and its incorporation into biodiversity and resource management law and policy, and discusses a series of issues raised by its implementation in this sector for biodiversity conservation and for livelihoods and poverty alleviation.

Product Details :

Genre : Business & Economics
Author : Rosie Cooney
Publisher : IUCN
Release : 2004
File : 68 Pages
ISBN-13 : 2831708109


Dimensions Of Sustainable Development Volume Ii

eBook Download

BOOK EXCERPT:

Dimensions of Sustainable Development is the component of Encyclopedia of Development and Economic Sciences in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on Dimensions of Sustainable Development, in two volumes, deals with the diversity of points of view on this complex subject. The chapters in these volumes are organized into five groups. The first starts with chapters introducing the general concepts underlying sustainable development. The second treats current and emerging understandings of the general biophysical limits of economic growth and development. The third focuses on the human and social capital requirements for sustainability. The fourth deals with a particular aspect of the organization of human economic and technological activity. The final group discusses something of the diversity of possible approaches to the management of sustainability. These two volumes are aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.

Product Details :

Genre :
Author : Kamaljit S. Bawa
Publisher : EOLSS Publications
Release : 2009-11-26
File : 432 Pages
ISBN-13 : 9781848262089


Interpreting The Precautionary Principle

eBook Download

BOOK EXCERPT:

Viewed from the perspective of environmental management, this study describes the implications and applications of the precautionary principle - a theory of avoiding risk even when its likelihood seems remote. This principle has been employed in the United Nations Framework Convention on Climate Change and the North Atlantic Convention, yet it is not widely understood. This study examines the history and context of the principle, and its applications to law, governmental policies, business and investment, scientific research and international relations.

Product Details :

Genre : Business & Economics
Author : Timothy O'Riordan
Publisher : Routledge
Release : 2013-07-04
File : 233 Pages
ISBN-13 : 9781134165858